Rodger L. Eckelberry

Partner

Columbus
T 614.462.5189  |  F 614.462.2616

Rodger Eckelberry is a civil defense attorney whose practice focuses on defending alleged insurance, healthcare, and other class actions and complex litigation in state and federal courts throughout the country. Rodger draws on his extensive class action experience to resolve cases for his clients early and efficiently wherever possible. His understanding of the insurance industry, in particular, allows Rodger to quickly assist clients in finding the best, most cost effective way to resolve alleged class actions and other complex litigation. Rodger’s familiarity with the laws and regulations governing insurance has given him an understanding that allows him to educate clients on the best practices and approaches to not only succeed in litigation, but to avoid further litigation, as well.

Select Experience

  • Obtained dismissal of 5 of 7 claims of alleged procedure overcoding by hospital physicians, and settled remaining 2 claims on very favorable terms, in qui tam action. Lovett v. Holzer Clinic, Inc., Case No. 2:08-CV-312, U.S. District Court for the Southern District of Ohio (2015).
  • Obtained judgment on the pleadings, prior to discovery, in alleged class action challenging exhaustion requirement in auto insurance policies before underinsured motorist coverage is implicated. Obtained affirmance from the Seventh Circuit without oral argument. Livingston v. Trustguard Ins. Co., 2014 U.S. App. LEXIS 5614 (7th Cir. March 26, 2014).
  • Obtained judgment on the pleadings, prior to discovery, in $5M breach of agency contract action. Obtained affirmance from the Sixth Circuit without oral argument. CoMa Ins. Agency, Inc. v. Safeo Ins. Co., 526 Fed. Appx. 465 (6th Cir. 2013).
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Experience

  • Obtained dismissal of 5 of 7 claims of alleged procedure overcoding by hospital physicians, and settled remaining 2 claims on very favorable terms, in qui tam action. Lovett v. Holzer Clinic, Inc., Case No. 2:08-CV-312, U.S. District Court for the Southern District of Ohio (2015).
  • Obtained judgment on the pleadings, prior to discovery, in alleged class action challenging exhaustion requirement in auto insurance policies before underinsured motorist coverage is implicated. Obtained affirmance from the Seventh Circuit without oral argument. Livingston v. Trustguard Ins. Co., 2014 U.S. App. LEXIS 5614 (7th Cir. March 26, 2014).
  • Obtained judgment on the pleadings, prior to discovery, in $5M breach of agency contract action. Obtained affirmance from the Sixth Circuit without oral argument. CoMa Ins. Agency, Inc. v. Safeo Ins. Co., 526 Fed. Appx. 465 (6th Cir. 2013).
  • Obtained dismissal of alleged class action challenging medical reimbursement rates based upon use of prevailing price formula software. Mitchell v. American Standard Ins. Co., Summit County, Ohio, Court of Common Pleas, Case No. 2012-09-5125 (2012).
  • Obtained dismissal, prior to discovery, of an alleged nation-wide class action challenging the repair, rather than replacement, of shingle roofs. Plaintiffs argued that repairs were not permitted under the International Residential Code and that the entire face of a damaged roof slope had to be replaced. Eighth Circuit affirmed in a unanimous opinion. O'Neal v. State Farm Fire & Cas. Co., 630 F.3d 1075 (8th Cir. 2011).
  • As co-counsel, obtained reversal of class certification of claims challenging adjustment of hail damage claims. Kartman v. State Farm Mut. Auto. Ins. Co., 634 F.3d 883 (7th Cir. 2011).
  • Obtained favorable settlement of claims for retiree healthcare benefits under ERISA brought by members of two unions against their former employer. Prater v. OEA, Case No. 2:04-CV-1077, U.S. District Court for the Southern District of Ohio.
  • Developed and implemented a creative strategy to move a certified question of law quickly through the court system in an industry-wide, precedent-setting alleged insurance consumer class action. Decades-old precedent allowed the recovery by insureds of payment for the same medical expenses twice under different coverages. On behalf of a national insurer, obtained a unanimous decision from the Ohio Supreme Court reversing prior law, establishing an industry-wide change before any discovery or other cost to the client. State Farm Mut. Auto. Ins. Co. v. Grace, 123 Ohio St. 3d 471 (Ohio 2009).

Recognitions

  • The Best Lawyers in America© (2014 to 2017)
    • Columbus: Commercial Litigation
  • Ohio Super Lawyers "Rising Star" (2005 to 2007)
  • Columbus CEO: Top Lawyers (2015)

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Columbus Bar Association

Community

  • Veterans of Foreign Wars of the United States: Lifetime Member
  • American Legion: Lifetime Member

Services

Industries

Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Illinois
  • Ohio

Education

  • J.D., University of Cincinnati College of Law, 1999
  • B.S., State University of New York at Albany, 1995